Allen and Mary Doxtator - Page 23

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          squared with their own worksheet covering the stock transactions,           
          which indicates that the aggregate acquisition price of the                 
          stocks at issue was $14,86716 (a figure not at substantial                  
          variance from respondent's determination that their basis was               
          $14,720).  Finally, at least one17 of the stocks at issue was               
          acquired on January 25, 1999, before Melinda Doxtator transferred           
          $5,000 to Mr. Doxtator.  That stock (American Pad & Paper Co.),             
          according to petitioners' own worksheet, accounted for $375 in              
          gain, or over one-third of the short-term capital gain determined           
          by respondent for 1999.  In sum, petitioners' confused and                  
          inconsistent claims regarding Melinda Doxtator's ownership of the           
          stocks giving rise to the capital gains determined by respondent            
          fail to persuade us that petitioners have demonstrated any error            
          in that determination.  Accordingly, we sustain respondent's                
          determination that petitioners had $1,000 in short-term capital             
          gain and $146 in long-term capital gain in 1999.                            

               16 The figure represents the acquisition prices (plus                  
          commissions) listed by petitioner for the stocks at issue, which            
          is generally corroborated by the confirmation statements in the             
          record.  In the case of the Jevic Transportation, Inc. stock,               
          petitioners' worksheet does not list an acquisition price, but it           
          can be derived by comparing the gain they list for the sale of              
          that stock with the (undisputed) proceeds of sale listed on the             
          Form 1099 issued to Mrs. Doxtator.                                          
               17 Petitioners have not alleged the date that the Jevic                
          Transportation, Inc. stock was acquired, except to the extent               
          that an inference may be drawn from their failure to list it on             
          their worksheet among the stocks acquired in 1999.  If this stock           
          had been acquired before 1999, it would represent an additional             
          stock acquired before Melinda Doxtator transferred any funds to             
          Mr. Doxtator.                                                               




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